Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-25-2005, 07:39 PM
Junior Member
 
Join Date: May 2005
Posts: 12

Don't know what category this goes under, but I think it also falls under classaction


Hello,

My name is David. I am from Garden Grove, California. On November 19, 2004, I was driving southbound on the I-710 when I was pulled over by a California Highway Patrolman. As it turns out, someone stole my sticker from my license plate and the officer issued me a fixing ticket. The court appearance was scheduled for January 21, 2005. As luck would have it, my vehicle broke down and I was unable to bring it my car to the CHP’s local office for inspection. Without this inspection, I was unable to go to court to show them that I had fixed the problem.

A couple of months have passed until I finally get it fixed. I show up to court on March 25, 2005 to show proof that the vehicle has been inspected. The court dismissed the fixing ticket. However, the court also added another charge; Failure to Appear. The commissioner asked how I wanted to plea. I explained to the commissioner that I wasn’t able to make it to court. He retorted, “YOU SHOULD HAVE CALLED US.” I asked the commissioner how much the fine was. The commissioner told me he didn’t know and I would have to ask the clerk for that information. Then the commissioner asked me again, "How do you want to plea". Feeling pressured and not completely understanding my rights, I plead guilty.

Now I’ve received several of FTA’s before. Usually, the judge dismisses it. I figured they would only fine me $25 (no more than $100) and set me on my way. This is why I plead guilty. To my dissatisfaction, I later found out that the fine was $500.00. This is unfair. The commissioner should have warned me of this hefty fine. In every traffic court that I’ve been to, I’ve always been warned of the monetary fines, even if they are miniscule. This fine however is pretty steep considering it’s only a FTA.

To make matters even worst, I’ve recently tried to call in to ask for an extension. Apparently, the officer wrote the wrong number on my ticket. The number he gave me wasn’t for the court, it was for social services. Then I figured I just go on the internet for the number to the clerks office. After making a few phone calls, I finally get a hold of the Los Angeles County Public Defender’s office and asked them if they knew the number to the clerk’s office. The public defender’s office informed me that the court clerk didn’t have a number. The only way to get a hold of them is to come in. I thought to myself, now that’s redundant! How could the commissioner suggest I call in when he knows the clerk doesn’t have a phone number?

Even if I had attempted to call before the court appearances, I would have ran into the same situation. This is unfair to the people of California. They are making people pay outrageous fines for something they have no control over.

WHY I’M SO MAD:

-- There is no way of getting in contact with the court to reschedule your appointment.
-- The commissioner should have warned all the defendants what kind of fines they were facing.

Why I believe this constitutes for a class action lawsuit:

There are other defendants that faced the same consequences as I did that same day. There may be thousands of defendants who have faced the same unfairness that I have within the Compton Courts; thousands of defendants who have tried to contact the court to have their cases rescheduled only to come to a dead end; thousands of defendants who weren’t informed of the consequences.

It is our right to know what kind of consequences we may be facing when pleading guilty. If you think I have a case, please contact me. My number is (714) 658-9616. If not, I am sorry to have wasted your time.

Regards

David
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:34 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.